Refused Asylum Marriage Issue

[marita25]

My cousin would like some advise please. This forum has been of assistance to me and thank God for the advise I was given.

Asylum case was refused in 2004 and and the appeal was also refused. I did not leave the Uk and stayed till Feb 2007 and went to Republic of Ireland. I met my girlfriend and were planning to get married. She has a visa called Irish Resident stamp 4 with Irish born. I was advised to claim Asylum. I claimed Asylum and in the process they discovered I had already claimed Asylum in England. They repatriated me back to the UK. I am now in England and report to the Immigration Office monthly. I am due to report there again on 5June.

I had claimed Asylum in Uk as I came from Sierra Leona however as my mother is from Nigeria I claimed asylum as a Nigerian when I was in Ireland.

I really miss my fiancee and her daughter as I have known them for since Feb 2007 when I arrived in Ireland. I would like to know since I am reporting to the immigration officer this means I am legal, and if so can my fiancee come over so we can get married in England by obtaining COA then apply under EU rules or not.

Please advise what would be the best course of action, I really miss my fiancee and her daughter keeps asking 'daddy when I you coming home' She is 4 years.
Thank you.

[Wanderer]

I can't see how you can be legal at all. As a matter of interest, on what grounds did you claim asylum?

[lesley15]

My experience of having to report to an immigration officer is because you are illegal and have no legal status to be in the uk.By reporting every month it lets the H.O know where you are and they use this system instead of detaining you.My partener did this weekly for about 18 months,we did try to do a section 8 based on our relationship in the uk but my partener had no rights to apply whilst still in this country.We were advised for him to return to his home country and apply from there which is what he is doing.
It would be advisible to get advise to see if you can apply for COA.

[Frontier Mole]

You are not in a good position. Your girlfriend is not Irish; this is from the passport stamp information. I will take a guess that she is West African, more than likely Nigerian?

See if my story rings any bells?

Your girlfriend went to Eire in say late 2003 / early 2004 at about 32+ weeks pregnant and had her baby. The nice Irish let her stay as the child’s dependent due to the immigration laws they had up until a couple of years back. This is when born in Eire used to equal Irish citizen. Now all changed of course, too may "dropping in and popping out" as the newspapers called it.

The girlfriend who you remarkably met as soon as you went to Eire is of course not the girlfriend you had in Nigeria / Sierra Leone/ West Africa.

The problem is I have heard this story a few times before. Forgive me if I tend to think the worst.

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Well in any event you are back in the UK and wondering what is likely to happen?
Looking at your immigration history, failed asylum claim, overstaying and the deception in Eire are all going to stand heavily against you. You have no Article 8 claim to speak of, you are single, probably healthy and therefore an excellent candidate for removal. You have almost certainly been issued with an IS151A along the way. So the next step will be removal.

There is a bit of a problem as you have claimed to be a national of two countries with two separate asylum claims. The question is what country are you actually from? You will have to make up your mind at some point because you will be removed to Sierra Leone otherwise.

As to marriage in the UK, you will not be granted COA. Firstly your girlfriend is not in the country, probably needs a visa to get entry to the UK. Given her immigration history she it not likely to get it. All this will point to a refusal.

Link to CoA leaflet http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

All in all the best thing is to return to where you really come from before you are removed. Then see if the Irish are prepared to consider some form of fiancé entry. I would not expect a positive outcome though.